BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

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WILLAREDT OIL COMPANY,

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Petitioner,

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PCE 04-72

(UST Appeal)

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY,

Respondent.

NOTICE OF FILING AND PROOF OF SERVICE

TO: Dorothy Gunn, Clerk

Illinois Pollution Control Board

100 West Randolph Street

State of Illinois Building, Suite 11-500

Chicago, IL 60601

Carol Webb

Hearing Office

Illinois Pollution Control Board

600 S. Second Street, Suite 402

Springfield, IL 62704

John Kim

Division of Legal Counsel

Illinois Environmental

Protection Agency

1021 North Grand Avenue East

P.O. Box 19276

Springfield, IL 62794-9276

PLEASE BE ADVISED THAT we are today filing with the Pollution

Control Board the original and nine copies of Fifth Waiver of

Deadline for Decision, a copy of which is attached hereto.

The undersigned hereby certifies that a true and correct copy

of this Notice of Filing, together with a copy of the document

described above, were today served upon the hearing officer and

counsel of record of all parties to this cause by enclosing same in

envelopes addressed to such attorneys at their business addresses

as disclosed by the pleadings of record h~~fl~withpostage fully

prepaid, and by depositing same in the

Springfield,

Illinois on the

17th

day of Decembe~

MORAN, ALEWELT, PRILLAMAN & ADAM;

1 North Old Capitol Plaza, Suite 325

Springfield, IL 62701

(217) 528

2517c:\Mapa\cDAvxs\willaredt\Fifth Waiver

04

72.wpd sew

12/17/04

THIS FILING SUBMITTED ON RECYCLED PAPER

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BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

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WILLAREDT OIL COMPANY,

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Petitioner,

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v.

)

PCB 04-72

(UST Appeal)

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY,

Respondent.

FIFTH

WAIVER OF DEADLINE FOR DECISION

NOW COMES Petitioner, WILLAREDT OIL COMPANY, by its

undersigned attorneys, and files this waiver of deadline pursuant

to Section 101.308(c) (1) of the Board’s Procedural Rules, 35 Ill.

Adm. 101.308(c) (1) hereby waiving its right to a decision within

120 days of filing, as provided in Section 40(a) (2) of the

Illinois Environmental Protection Act (415 ILCS 5/40 (a) (2)),

provided that such final action be taken by the Board on or

before June 20, 2005.

Respectfully submitted,

WILLAREDT OIL COMPANY,

Petitioner

By MOHAN,

MOHAN, ALEWELT, PRILLAMAN &

ADANI

1 North Old Capitol Plaza, Suite 325

Springfield, IL 62701

Phone: (217) 528-2517

C:\Mapa\CDAVIS\Willaredt\Fifth Waiver 04

72.wpd

sew 12/17/04

&

ADANI